453.190 "Poor person" defined -- When allowed to sue without paying costs --

325 words·~1 min read·/ky/453-190

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Application required -- Treatment of inmates.

(1)A court shall allow a poor person residing in this state to file or defend any

action or appeal therein without paying costs, whereupon he shall have any

counsel that the court assigns him and shall have from all officers all needful

services and process, including the preparation of necessary transcripts for

appeal, without any fees, except such as are included in the costs recovered

from the adverse party, and shall not be required to post any bond except in an

amount and manner reasonable under the circumstances of his poverty.

(2)A "poor person" means a person who has an income at or below one hundred

percent (100%) on the sliding scale of indigency established by the Supreme

Court of Kentucky by rule or is unable to pay the costs and fees of the

proceeding in which he is involved without depriving himself or his dependents

of the necessities of life, including food, shelter, or clothing.

(3)Application to proceed without payment of costs and fees, pursuant to

subsection

(1)herein, shall be made by motion supported by the affidavit of the

applicant stating the reasons that he is unable to pay the costs and fees or give

security therefor.

(4)No inmate shall be automatically allowed to proceed through the courts in

forma pauperis by virtue of his status as an inmate, nor shall his incarceration

lead to a presumption of impoverishment, or constitute evidence of a rebuttable

presumption of impoverishment.

(5)A court may consider the value of all of the benefits an inmate receives by

virtue of his incarceration and for which the inmate has not monetarily

reimbursed the Commonwealth, including, among other things, the value of his

room, board, medical care, dental care, recreational programming, educational

opportunities offered to the inmate, legal services provided to the inmate

without cost, clothing, laundry, guard protection services, or any other benefit

similarly conferred upon the inmate.